M.G. GIRIJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Revision is by the assessee, a dealer in hill produce, relating to the assessment year 2012-13. The assessee filed a nil return indicating no purchase or sale in the relevant year. On verification of the Kerala Value Added Tax Information System ( KVATIS), it was found that the dealer had effected sales of Rs.1,26,54,400/- and purchase of Rs. 1,16,30,165/-. There was also detected collection of tax amounting to Rs. 6,32,720/-. The assessment was thus completed, computing the total turnover from the undeclared sales and purchase turnover by adding Gross Profit (G.P.) at the rate of 10% to the purchase detected.

(2.) The question of law framed is as follows:

(3.) The learned counsel for the revision petitioner argues that Section 25AA was inserted in the KVAT Act by an amendment in the year 2019 and the said benefit has to be given to the appellant with respect to Input Tax Credit. The learned Senior G.P. seeks to sustain the order and argues that Section 25AA is prospective in nature.